PRAKASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by one Shri Prakash Chand challenging the validity of his order of fixation, Ex. 7, in the Rajasthan Municipal Service constituted under the Rajasthan Municipal Service Rules, 1963, hereinafter to be referred as the "rules".

(2.) THE petitioner entered the service of the Municipal Board, Karanpur, with effect from 1-7-48 as Acting Secretary under orders of the Government of the former Bikaner State. He thereafter came to be appointed as Secretary to the Municipal Board, Karanpur, with effect from 1-9-48 in the pay scale of Rs. 80-5-110. This pay scale was later revised to Rs. 90-5-120. THE petitioner was holding this post on the date of the formation of Rajasthan. After the formation of Rajasthan he was transferred as Secretary, Municipal Board, Raisinghnagar. THE designation of the post of Secretary, Municipal Board, Raisinghnagar was altered to that of Executive Officer under orders of the Director of Local Bodies with effect from 9-12-56. On 31-3-60, the petitioner was thus holding the post of an Executive Officer in the Municipal Board, Raisinghnagar. THE petitioner made a representation regarding fixation of a proper pay scale for the post and as a result of his representation the Government fixed the petitioner in the pay grade of 150-10 200-EB 10-250 with effect from 13152 (vide order Ex. 2 ). In view of the revision of his salary with retrospective effect the petitioner was paid his arrears of salary. After the formation of Rajasthan the new State enacted the Rajasthan Town Municipalities Act, 1951 for the Municipalities other than the City Municipalities. THE City Municipalities, however, continued to be governed by the laws of the erstwhile covenanting States respectively. In 1959, the Rajasthan State enacted the Rajasthan Municipalities Act, 1959 bringing in all the Municipalities in the State of Rajasthan under one framework. Under sec. 297 of the Rajasthan Municipalities Act, 1959, the State Government was empowered to make rules for the purpose of carrying into effect the provisions of the Act. By sec. 302 of the Act the State Government was empowered to constitute a Municipal Service. Consequently the Government made the rules. I will be referring to the relevant provisions of the Rules a little later. THE Rules made provision for integration of the Municipal Services. For this purpose the posts under the various Municipalities were categorised and then the holders of the posts were to be considered for fixation in the integrated service according to the categorisation of posts on which they were substantive. THE petitioner claims that according to rules 39 and 40 of the Rules he was eligible for appointment to a post in a class III Municipality, but he was not considered for that and was wrongly fixed up in class IV Municipalities. THE petitioner, therefore, seeks an appropriate writ, direction or order against the order Ex. 7 qua the petitioner in that he was appointed to class IV Municipalities.